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DALY v. COMMONWEALTH

No. 89-P-405.

29 Mass. App. Ct. 100 (1990)

557 N.E.2d 758

RICHARD E. DALY vs. COMMONWEALTH & others.

Appeals Court of Massachusetts, Essex.

July 31, 1990.

Attorney(s) appearing for the Case

Steven H. Wright, Assistant Attorney General, for the Commonwealth.

Kevin T. Daly for the plaintiff.

Richard E. Mastrangelo & Paul F. Meagher, for Associated Industries of Massachusetts, amicus curiae, submitted a brief.

Present: BROWN, KASS, & JACOBS, JJ.

KASS, J.

Concerning the underlying obligation to the plaintiff, Richard E. Daly, there is neither mystery nor dispute. The Commonwealth in its brief concedes that at all times material the plaintiff held an appointment as a special assistant attorney general to defend claims against, or prosecute claims on behalf of, the Workers' Compensation Second Injury Fund ("Second Injury Fund").2

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